RE: [gnso-dow123] NCUC Procedural Proposal - recirculated

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

Hello Milton,

> 
> It's absurd to say that relating data elements to purpose is 
> not part of the terms of reference. 

It is certainly relevant to consider the data elements that are
collected for the purpose of public display via WHOIS.   Note however
that data may be collected for reasons other than public display.
For example a registrar may collect a postal address from a Registered
Name Holder for the registrar to bill the Registered Name Holder outside
of business hours, but this information may not need to be collected for
public display.


> Data collected is clearly 
> encompassed by item #2 of the terms of reference, and besides 
> what is the point of defining purpose if it does not affect 
> the data elements in Whois? 

Terms of reference 2 is about defining the purposes of Amin, Tech etc in
the context of:
(a) Purpose of WHOIS (which is about public display of information)
(b) Purpose of collecting the data

(a) and (b) are different concepts.

As has been pointed out earlier, there are many purposes for collecting
the data - some are common amongst registrars and some vary depending on
the registrar.

In terms of common requirements, clause 3.7.7.3 states a minimum
requirement of the Registration Agreement between the Registrar and
Registered Name Holder:

"3.7.7.3 Any Registered Name Holder that intends to license use of a
domain name to a third party is nonetheless the Registered Name Holder
of record and is responsible for providing its own full contact
information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the Registered
Name. A Registered Name Holder licensing use of a Registered Name
according to this provision shall accept liability for harm caused by
wrongful use of the Registered Name, unless it promptly discloses the
identity of the licensee to a party providing the Registered Name Holder
reasonable evidence of actionable harm."

Currently there is an almost one-to-one correspondence between the data
collected under 3.7.7.3, and the data that is collected for public
display.

Regards,
Bruce Tonkin